News Updates
Criminal Trespass Case| 'He Is A Bahubali, Gangster & Dreaded Criminal': Allahabad HC Denies Bail To Ex-MP Umakant Yadav
The Allahabad High Court last week denied bail to former MP Umakant Yadav in connection with a 2019 case involving the alleged grabbing and damaging of the Gandhi Ashram in the Azamgarh district. Taking note of his long criminal antecedents of 80 cases, the bench of Justice Dinesh Kumar Singh noted that he is a Bahubali, gangster and a dreaded criminal of Eastern Uttar Pradesh and is...
Transferred Simply Based On Minister's Note: CAT Allahabad Reinstates IFS Rajiv Bhartari As Uttarakhand’s Principal Chief Conservator Of Forest
The Central Administrative Tribunal, Allahabad (Nainital Circuit) has ordered to reinstate Rajiv Bhartari, a senior Indian Forest Service (IFS) officer as the Principal Chief Conservator of Forest (PCCF) of Uttarakhand, who was allegedly transferred out of the post in an extra-legal manner on the basis of a note prepared by the Minister of Forest.While setting aside the transfer order, Justice...
[1992 Vachathi Crimes] Madras High Court Judge To Visit The Tribal Hamlet Before Delivering Judgment In Appeals Against Conviction
The Madras High Court has reserved orders on appeals preferred by 126 forest officials, 84 police personnel and five revenue officials against conviction by a sessions court finding them guilty for various crimes that took place in Vachathi in 1992. Justice P Velmurugan, who had been hearing the appeals told the counsels that he would be visiting the village on March 4th before...
Granting Anticipatory Bail In Cases Of Attacks Against Doctors Would Lead To 'Dangerous Situation': Kerala High Court
The Kerala High Court on Friday refused to grant anticipatory bail to a person who had attacked a doctor who examined his wife, alleging that the Doctor had misbehaved towards her. The Single Judge Bench of Justice A. Badharudeen was of the view that granting anticipatory bail in such a case would lead to a 'dangerous situation', whereby doctors, who are duty bound to treat patients as part...
Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court
The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness.A Bench of Justices V Ramasubramanian and Pankaj Mithal held that it’s not open for Courts to place such “onerous conditions”. Apart from being impermissible in law, the condition is...
Can't Deny Admission Solely Because Student Not Resident Of District In Which Navodaya Vidyalaya Is Situated: Patna High Court Differs From Bombay HC
The Patna High Court has passed an order overturning the decision of the Jawahar Navodaya Vidyalaya rejecting admission to a group of minor students, who had been shortlisted through a full fledged selection process, on the basis that they were not residents of the district in which the school was situated. The court has ordered the respondent school to consider the petitioner’s admission...
[Maharashtra Village Panchayat Act] Sarpanch Not Disqualified For Holding Consecutive Meetings: Bombay High Court
The Bombay High Court recently held that there is no statutory violation by a Sarpanch conducting Gram Sabha meetings consecutively as the Maharashtra Village Panchayat Act, 1958 does not provide for holding Gram Sabha meetings in a particular way.Justice Arun Pednekar of the Aurangabad bench set aside the disqualification of the Sarpanch of a village in Jalna District who held four Gram...
Blocking A National Highway Does Not Attract Immunity Under Article 19 Of Constitution: Tripura High Court
The Tripura High Court recently observed that once a National Highway has been blocked in the form of an assembly, it amounts to violation of Section 8B of the National Highway Act and hence no claim of immunity under Article 19(1)(a)(b) of the Constitution of India can be made.Section 8B penalizes acts that render any national highway impassable or less safe for traveling.A bench...
Section 11 Petitions Seeking Relief But Not Raised In The Previous Arbitration; Gross Abuse Of Process of Court: Delhi High Court
The Delhi High Court has ruled that since the party had failed to challenge the termination of the Collaboration Agreement in the first round of arbitral proceedings, the demolition of the structure built by it under the said Collaboration Agreement would not give it a fresh cause of action. The bench of Justice Navin Chawla remarked that the cause of action for...
Bhima Koregaon | Gautam Navlakha Not Involved With Maoist Party, Rather Suspected By Them To Be A 'Govt Agent': Lawyer Tells Bombay High Court
The Communist Party of India (Maoist) suspected senior journalist Gautam Navlakha was a “government agent” who negatively impacted their movement, his counsel argued before the Bombay High Court on Monday.He cited a document seized from co-accused researcher Rona Wilson's laptop to demonstrate the CPI(M)'s contempt for Navlakha is diametrically opposite from the UAPA charges NIA has...
[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother
The Bombay High Court recently upheld the eviction of two individuals who allegedly mistreated their stepmother from their deceased father's house observing that the elderly stepmother needs comfort and peace in the evening of her life.Justice RG Avachat upheld the order of the tribunal constituted under section 7 of the Maintenance And Welfare of Parents And Senior Citizens Act, 2007...
Shifting Entire Blame On IRP Not Justified; Creditors Must Also Play Catalytic Role In CIRP: NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench comprising of Justice Ashok Bhushan (Judicial Member) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Shri Guru Containers v Jitendra Palande, has held that creditors must not shift the entire blame on the IRP on grounds of non-performance of duty and make him the scapegoat. It...